Dermott Land & Lumber Co. v. Walter A. Zelnicker Supply Co.
Court of Appeals for the Eighth Circuit
Appeal from the District Court of the United States for the Eastern District of Arkansas; Jacob Trieber, Judge. Suit in equity by the Walter A. Zelnicker Supply Company against the Dermott Land & Lumber Company. Decree for complainant, and defendant appeals.
1Opinion of the Court
GARLAND, Circuit Judge.
Appellee commenced this action at law to recover money which it had paid to appellant in advance as a part o f the consideration oí a contract executed by it and appellant August 10, 1918, and modified by a supplemental contract dated February 19, 1919, which contract appellee had rescinded for the failure of appellant, after partial performance, to perform in full. After issue joined, it appearing that an accounting would be necessary, the cause was by consent transferred to the equity docket and thereafter proceeded with as a cause in equity. On final hearing a decree…
2Cases cited6 opinions
- Bostwick v. Mutual Life Insurance Co.Wisconsin Supreme Court · 1903
- I. L. Corse & Co. v. Minnesota Grain Co.Supreme Court of Minnesota · 1905
- Roberts v. JamesSupreme Court of New Jersey · 1912
- Potter v. TaggartWisconsin Supreme Court · 1882
- Sisson, Potter & Co. v. HillSupreme Court of Rhode Island · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Delta Investing Corporation v. Elmer C. MooreCourt of Appeals for the Sixth Circuit · 1966
- Omaha Hardwood Lumber Co. v. J. H. Phipps Lumber Co.Court of Appeals for the Eighth Circuit · 1943
- Bates v. SimmonsSupreme Court of Arkansas · 1976
- American Union Bank v. GubelmanAppellate Division of the Supreme Court of the State of New York · 1925